Section 32A in The Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963
32A. Power to order production and power of entry, inspection, search and seizure
(1)Any such officer or servant of the Market Committee, as the Market Committee may specify in this behalf (hereinafter referred to as "the specified officer or servant"), for the purposes of this Act, require any person carrying on business in the market area in any agricultural produce to produce before him the accounts and other documents and to furnish any information relating to the stocks of such agricultural produce, or purchases, sales and deliveries of such agricultural produce by such person and also other information relating to payment of the market fees and payment to the seller by such person.(2)All accounts and registers maintained by any person in the ordinary course of business in the market area in any agricultural produce and documents relating to the stock of such agricultural produce or purchases, sales and deliveries of such agricultural produce in his possession and the office establishment, go-downs, vessels or vehicles of such person shall be opened to inspection at all reasonable times by such specified officer or servant.(3)The Registrar appointed under the Maharashtra Co-operative Societies Act, 1960 or any subordinate officer not below the rank of the Assistant Registrar; and the Secretary, Joint Secretary or Deputy Secretary of the Market Committee (hereinafter referred to as "the authorized officer"), has reason to believe.(a)that any person carrying on business in any agricultural produce in the market area within the jurisdiction of the said Market Committee,-(i)is attempting to evade or has evaded the payment of fees or charges payable by him under this Act, rules or bye-laws; or(ii)has committed any act contrary to the provisions of this Act, rules or bye-laws; or(iii)on having been served with a notice to produce or cause to be produced any books of accounts or other documents or articles or registers or things relating to the business in any agricultural produce, has failed to do so; or(b)that any person has purchased any agricultural produce in contravention of the provisions of this Act or the rules or the bye-laws,(i)enter and search any place, building, warehouse, go-down, vessel, cart or vehicle where he has reason to suspect that such person has kept or keeps any such books of accounts, documents, articles, registers of things;(ii)break open the lock of any door, box, locker, safe, almarih or other receptacle for exercising the powers conferred by sub-clause (i), where the keys thereof are not available;(iii)search any person who has got out of, or is about to get into, or is in any place or premises, if the authorized officer has reason to suspect that such person has secreted about his person any such books of accounts, other documents, articles, registers or things;(iv)seize any such books of accounts, other documents, articles, registers or things found as a result of any such search;(v)place marks of identification on any books of accounts or other documents, articles, registers or things and make or cause to be made, extracts or copies there from;(vi)make a note or an inventory of any such books of accounts, other documents, articles, registers or things seized.(4)The authorized officer may requisition the services of any police officer to assist him for all or any of the purposes specified in sub-section (3) and it shall be the duty of every police officer to comply with such requisition.(5)The authorized officer may, where it is not practicable to seize any such books of accounts, other documents, articles, registers or things or vehicles under sub-section (3), serve an order on the owner or the person who is in immediate possession or control thereof that he shall not remove, part with or otherwise deal with it except with the previous permission of such officer and such officer may take such steps as may be necessary for ensuring compliance with such order.(6)where any books of accounts, other documents, articles, registers or things are found in the possession or control of any person in the course of a search, it may be presumed, -(i)that such books of accounts, other documents, articles, registers or things found in the possession or control of any person in the course of search, belong to such person;(ii)That the contents of such books of accounts and other documents are true; and(iii)that the signature and every other part of such books of accounts and other documents which purport to be in the handwriting of any particular person or which may reasonably be assumed to have been signed by, or to be in the handwriting of, any particular person, are in that person's handwriting and in the case of a document stamped, executed or attested by the person by whom it purports to have been so executed or attested.(7)The person from whose custody any books of accounts, other documents, articles, registers or things are seized under the foregoing sub-sections, may make copies thereof or take extracts there form, in the presence of the authorized officer or any other person empowered by him in this behalf, at such place and time as the authorized officer may appoint in this behalf.(8)The books of accounts, documents, articles, registers or things or vehicle so seized shall not be retained by the authorized officer for a period exceeding ninety days from the date of seizure:Provided that, in computing such period, any period, during which any proceeding under this Act is stayed by an order or injunction of any Court, shall be excluded:Provided further that, if any articles or things so seized are of perishable nature, they shall not be retained by the authorized officer for more than twelve hours from the time of seizure.(9)Notwithstanding anything contained in sub-section (8),-(a)where such articles or things comprise agricultural produce and are transported within the market area in such vehicles which are so seized; and market fees or any other dues in respect of such agricultural produce are not paid, such vehicle and such agricultural produce may be retained until the market fees and supervision charges along with penalty equal to three times the amount of such fees and charges and the actual cost of such seizure, are paid and if the amount of such fees, charges, penalty and cost are not paid even after demand thereof in writing, then the same may be recovered by sale of such agricultural produce by auction and the balance of amount, if any, left thereafter, may be returned to the person from whom they are seized;(b)where such books of accounts, documents, articles, registers or things or vehicles and the agricultural produce so seized are required for the purpose of prosecution launched for an offence of contravention of the provisions of this Act or the rules or the bye-laws, they may be retained until they are ordered to be released by the Court trying such offence;(c)where such articles or things which comprise agricultural produce which are of perishable nature and the market fees and supervision charges along with penalty equal to three times the amount of such fees and charges and the actual cost of such seizure are not paid, then instead of returning the same to the person from whom they are seized, such market fees, charges, penalty and cost in respect thereof may be recovered by sale of such agricultural produce by auction and the balance of amount, if any, left thereafter, may be returned to such person.(10)The authorized officer shall carry out the search and seizure under this section with due regard to the honour and dignity of any inmates in the building, place or vehicle, and exercise the minimum force in obtaining ingress into the building, place or vehicle to be searched where free ingress thereto is not available, and ensure safe custody of any books of accounts, documents, articles, registers or things or vehicle so seized.(11)Without prejudice to the foregoing provisions, the provisions of the Code of Criminal Procedure, 1973, relating to search and seizure shall, so far as may be, apply to the searches and seizures under this section.
